A thirteen-year-old seventh grader is pulled out of class by a uniformed police officer, and interrogated by a police investigator at school.

Before the interrogation, the police do not give him a Miranda warning, an opportunity to call his guardian, nor do they tell him that he is free to leave.

Is the child in custody? Is a child's age a relevant factor to consider in determining whether to issue a Miranda warning?

Last week, the U. S. Supreme Court answered these questions in J. D. B. v. North Carolina (09-11121), a decision about custody, interrogations, key differences between children and adults, and Miranda warnings for kids.

In this issue of the Special Ed Advocate, we'll review the Supreme Court's decision in J. D. B.'s case. We'll also describe strategies you can use when children are arrested for school-related behavior problems.

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